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People v. Murriel

Appellate Division of the Supreme Court of New York, Second Department
Nov 30, 1987
134 A.D.2d 623 (N.Y. App. Div. 1987)

Opinion

November 30, 1987

Appeal from the Supreme Court, Kings County (Barshay, J.).


Ordered that the amended judgment is affirmed.

At no time did the defendant argue before the suppression court that his statement should be suppressed because his arrest was effected in his home without a warrant and in the absence of exigent circumstances (see, Payton v. New York, 445 U.S. 573). The defendant, therefore, failed to preserve this issue for appellate review (see, People v. Cornelius, 107 A.D.2d 757; People v Nieves, 102 A.D.2d 858). Moreover, under the circumstances presented, we decline to invoke our interest of justice jurisdiction to reach the issue.

We have examined the defendant's remaining contentions and find them to be without merit. Mangano, J.P., Thompson, Kunzeman and Harwood, JJ., concur.


Summaries of

People v. Murriel

Appellate Division of the Supreme Court of New York, Second Department
Nov 30, 1987
134 A.D.2d 623 (N.Y. App. Div. 1987)
Case details for

People v. Murriel

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ANTHONY MURRIEL…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Nov 30, 1987

Citations

134 A.D.2d 623 (N.Y. App. Div. 1987)

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